Innocent until proven guilty! Guilty beyond reasonable doubt! Burden of proof! These are the tenets of our system of justice, underpinning the goal of justice while of keeping the innocent free. The problem, as illustrated in the Trayvon Martin case, arises when prosecution is delayed or absent because conviction cannot be guaranteed. But, how can a system be both just and promise a particular outcome? What then is the role of investigation and evidence?

The current limbo of the Martin-Zimmerman investigation compounds the tragedy of the killing, because it thwarts justice for any and all involved equally, and poorly sweeps issues of race under the rug.

No one of decision-making authority wants multiple Rodney King-type riots, with it's 55 dead, happening on their watch, so we are force-fed an investigation/prosecution procrastination that mires justice, and threatens a no-confidence revolt nonetheless.

Tuesday, March 27, 2012

As more and conflicting information comes out on the Trayvon Martin killing by self-appointed neighborhood watch captain, George Zimmerman, history tells us that the probability of a satisfactory decision by a local jury of his peers lessens - regardless of Zimmerman's ultimate culpability in the death of this young man. When Zimmerman strapped on the weapon and ignored the 911 operator, he went down a road of no return as the aggressor, however victim Martin defended himself. The State of Florida should convict him, all things being equal. Of course, we know that equality is a curious thing.

In this light , I went looking for the US Attorney's position, when and if the state of Florida unconvincingly delivers justice, leaving the people to act up and out (into the streets). As it turns out, there is only one avenue whereby Zimmerman finds himself in Federal crosshairs - that of committing a hate crime. And the evidence that convicts him will likely be the 911 recording.

a) In General.— (1) Offenses involving actual or perceived race, color, religion, or national origin.— Whoever, whether or not acting under color of law, willfully causes bodily injury to any person or, through the use of fire, a firearm, a dangerous weapon, or an explosive or incendiary device, attempts to cause bodily injury to any person, because of the actual or perceived race, color, religion, or national origin of any person—

(A) shall be imprisoned not more than 10 years, fined in accordance with this title, or both; and
(B) shall be imprisoned for any term of years or for life, fined in accordance with this title, or both, if—
(i) death results from the offense; or
(ii) the offense includes kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill.

What the Feds will try to show is that Zimmerman killed Trayvon, due to his race. It is important that the two did not know each other, and Zimmerman identified Trayvon by race, and included negative language eluding to his race, 'these guys always get away', and including a potential racial slur.

Certainly, the Feds would rather not intervene, but their response is dependent on the local system generating some credibility, and so far this has not happened. The white Sheriff, who stepped down, admitted that the crime scene investigation was not thorough, and his office has a reputation of bias and laziness. It certainly hurts credibility, all the way around, that George Zimmerman is not on 'ice', rather than walking freely and uncharged nearly a month after the killing.

"The child keeps repeating Bapa, Bapa! He must be saying his father stole the bike!"

A German court has ruled that authorities can use skin color to carry out non-random identification checks, (here) in circumstances where skin color is indicative of heightened illegality. The court was responding to the case of police checking ID's on a train route commonly used by dark-skinned illegal immigrants.

So seriously, if dark-skinned German youths are indicated in bicycle thefts, the kid might really have something to worry about. "Uh, I must have dropped my ID when I went pottie, offizier - you gotta' believe me!"

Sunday, March 25, 2012

After Accusations, Sex Scandals, Car Crashes, Divorce, Injuries, and 30 months of losing, Tiger Woods has finally won a golf tournament, but that was the easy part. While the surface layer of the golf world can now credibly discuss Wood's hunt for Jack Nicklaus' record of 18 major tournament wins, even that monumental challenge will be far easier than redeeming his place as one of the greatest sports athletes that ever is/was. The reason for this is simply illustrated. Ali's greatness had to do with his boxing skill, coupled with the man he grew to be, both while boxing, but well after he hung up his gloves for good. You can't separate the person's impact from their professional accomplishments.

Tiger is a golf champion, no doubt, but he is a poster child for arrested emotional development. He has done little or nothing over the last thirty months to signal to people that he is on any comeback as a man, if he was ever there to begin with. And for the record, building yourself an estimated sixty-million dollar bachelor pad (here), is a big step in the wrong direction to growing up (IMHO).

George Zimmerman claims that young Trayvon Martin attacked him, thereby justifying his use of deadly force, in killing him. As proof, the Sanford Police point out the grass stains on Zimmerman's back, as though he was on the ground. They point out Zimmerman's injuries, including a broken nose and other bruising, as evidence of defense. Zimmerman may have been attacked, but the real question is if that attack was provoked by his own actions of threat and deadly force (pursuit and possession of a deadly weapon)?

In rebuttal to the Sanford Police, it seems that when one person pursues another while possessing a deadly weapon, the pursuer becomes an antagonist of deadly potential, by absolute definition, and nothing short of breaking off the pursuit can reset the roles. If I attack a bear and that bear subsequently chases me down and claws me, is the bear now the aggressor? No. The aggressive response of the bear is in defense of its life, and justifiable.

Similarly, the probable aggressive response of Trayvon Martin to George Zimmerman's pursuit of him, including Zimmerman's possession of a deadly weapon, does not prohibit young Martin from aggressive defense of his life. In fact, Martin's response is predictably that of someone in fear of their life.

Zimmerman created and controlled all facets of the situation by which he took the life of another person. The only question is how much of his preparation, and actions leading up to the killing, were pre-meditated.

Friday, March 23, 2012

Let's be clear, there is nothing wrong with hoodies. However, this does not mean that my parents would allow them at the dinner table. Hoodies worn to keep the head warm is one thing, but when used as a device to conceal identity, now that's a whole other kettle of fish.

In graduate school, I used to wear my hoodie (off my head) into the Harvard Coop in the fall/winter, just hoping the staff would accost me the way they did the local black kids dressed the same. It bothered my former spouse that I would dress, as a grown man, so 'poorly' to go to the Square, but the profiling always bothered me more.

However, as much as it pains me, Geraldo Rivera's concern is right (here). In less than a hot minute, (except if we are at home) I would tell my son to pull down the hood, pull up the pants, AND take your damn hands out of your pockets! My dad said those very words to me many times. Dead black men/boys can't protest!

Looking like you are about to rob a place or somebody is not smart. However, walking down the street with a beverage and candy, hoody-on or not, is not menacing. To this my old man more likely would have asked why I was acting like it is cold when it is 70 degrees outside.

The bottom-line. There are types of behavior that should draw suspicion. Overcoats in the summer, dark glasses at night, loitering near places that are easily robbed. Baggy clothes that might conceal a weapon always catch my eye. Hoodies 'up' indoors. But this is not a kid walking down the street minding his own business.

To this day, I do not wear sunglasses indoors and I am mindful of how I appear upon entering establishments, especially banks. It's just common sense in a world where simply being black can be a threat.

Wednesday, March 21, 2012

The Florida lawmakers of the "Stand Your Ground" law that Sanford, FL police authorities are using to avoid arresting George Zimmerman, admitted killer of young Trayvon Martin, are quoted as saying, "This law is for innocent, law-abiding citizens who are under attack by a perpetrator. Anyone who is out pursuing and confronting people is not protected by this statute. I think they (the Sanford Police) need to go back and read the statute".

"I don't see why he hasn't been arrested," said Sean Caranna, executive director of Florida Carry, a gun rights group. Caranna also said, "Being the neighborhood watch guy doesn't give you carte blanche to stop and question every guy you see walking down the street".

"You cannot provoke the confrontation. You cannot be the instigator and then claim 'stand your ground,' said Scott Sundby, professor at University of Miami law School.

Friday, March 16, 2012

After eighteen days, some answers are finally beginning to come out (here) about this tragic killing in Sanford, FL, just beyond Orlando. The fact that the unarmed young man, Trayvon Martin, was black and his pursuer/killer, a 9mm-armed, white, neighborhood watch captain, yet charged, only makes the whole damn thing all the more vexing. It is clear that the police have their own agenda, which may center on explaining why this neighborhood vigilante was allowed to have a gun and walk the streets, in the first place.

The Sanford Police released the 911 recording today, made through the assailant's cell phone, beginning with seventeen year-old Trayvon 'looking suspicious' walking down the street with skittles (candy) and a soft-drink, and ending with him seemingly begging his eventual killer to stop. Even though the 28 year-old shooter, George Zimmerman, was instructed by the 911 operator to stop following the boy, Zimmerman ignored this and ultimately shot and killed the youngster, to the claim of self-defense.

The recording is already painting a picture that should push calls for second-degree, possibly first-degree murder. The police delay in arresting Zimmerman, while infuriating, will surely invite state and federal authorities into the investigative/prosecution mix, which will be good. Small southern towns are not known for their even-handed investigations and prosecutions.

I ache for Trayvon's parents, as I am continually forced to remain vigilant, with my own son, to all the challenges ready to snatch away the future of young boys/men still buying candy and dreaming about their futures.

Stay Tuned.

Update 3/20: "The U.S. Department of Justice and the FBI have opened an investigation into the "facts and circumstances" surrounding the killing of Trayvon Martin."

The NYTimes is reporting on disparities in discipline levels (here) in US Education, across race, from soon to be available data (here).

On the surface, this article sounds a familiar alarm on unfair treatment of young people of color, but the presentation leaves me to wonder what the authors are really saying, versus what the data is actually saying, or not.

The title and language speak of results, whereby black and Latino kids receive more and harsher discipline than white and Asian kids, presumably. What is not presented is data on whether black and/or Latino infractions are also more serious, or not. The reader is left to assume that the black kids are punished differently for the same level and type of offense, but with no real way of knowing. Data on punishment following perceptions, rather than measured seriousness of offense, could be significantly misleading.

Two years ago, my son was assaulted by another black student at his high school, and the assailant was permanently expelled under a zero-tolerance school policy. The guardian of the boy thought the punishment was harsh, without consideration that zero-tolerance for breaking the law means ZERO! Because of my own experience, including the involvement of the local police in investigating and charging the young assailant, I am not so quick to assume that we are talking apples-to-apples in behavior data leading to disparities in discipline.

I'm not so surprised that some racist a__hole would come up with something like this, but I am perplexed that people would actually place it on their automobiles, as reported, thereby subjecting themselves to all manner of outrage.

Tuesday, March 13, 2012

A surprising number of southern whites recently polled in Alabama and Mississippi continue to believe that interracial marriage should be illegal (here). These strong feelings come to the surface at church, as one of the last strongholds of segregation.

Only 2.5% of US churches are integrated, defined as at least two different groups where each comprise more than 20% of the congregation. Another 2.5% of US churches are transisitoning from one group to another. So, depending on who you believe, 90-95% of all US churches are still segregated by race.

The more salient issue is not that people are racist (they are), but how more or less tolerant they are in "God's House". It also seems that blacks are no more tolerant than whites of worshiping together, or of issues of interracial marriage practiced alongside Christianity.

Monday, March 12, 2012

It certainly takes some brains, not just brawn, to effectively fight fires, but it doesn't take a degree in rocket science. However, even with decade after decade of initiatives to allow minorities the opportunity to join the ranks, the NYFD has remained 97% white. Yes, you heard me correctly, 97%. How is that?

Well, Judge Nicholas Garufis says he knows. Whites have kept their lock on firefighting jobs in the Big Apple by rigging the test. And even after the city was told their testing was unfair, they kept on testing and hiring the same as they have been for decades, with the same results. It seems the test administrators continually revised the test to ask questions in context where being white, growing up white, have friends and family that were white, was a distinct advantage in answering correctly, having nothing to do with firefighting.

Here is one definition of the cultural bias Judge Garufis is citing, "cultural bias in testing refers to a situation in which a given test is inappropriate for a certain audience as it does not test the test-taker's actual knowledge of a taught subject or includes details tied to a culture that the test-taker is unfamiliar with."
Addendum: If you divide the payout into the number of abused, it comes to $58,181 per person, offset by certain individual earnings that may have occurred.

Friday, March 09, 2012

After reading this story (here) of a white-haired baby abandoned in China, I was genetically-curious (again) about Asians with blue-eyes, but also with blonde hair. I found the little darling girls pictured here. It did not hit me that the one might present albinism, as her skin is not so obviously missing pigment. So, instead of guessing what could be going on, which I resist, I asked a geneticist at Stanford Medical School. (here)

I received a quick response. "Off the top of my head the likeliest explanations are mixed ancestry or albinism. Asians with albinism often have blonde hair and blue eyes but their skin isn't quite as light as a Caucasian with albinism. Another possibility is that the child is of mixed race. And this doesn't have to be a parent who is Caucasian, it could be a more distant relative. Sometimes the hair and eyes will darken later in life in these cases." The Tech Geneticist

So there you have it. The Stanford site has a bunch of questions and answers about genetics from people world-wide. Very interesting and informative.

Thursday, March 08, 2012

Today, two Democrats, Senator Mark Udall (D-Colo.) and Congressman Adam Smith, (D-Wash.) presented a bill that will repeal indefinite detention of US citizens, on US soil. This effort is squarely at odds with Obama, regardless of the spin/rhetoric put into the air. (here)

Last year, on December 24 to be exact, President Obama signed NDAA 2012, which notably included, at the White House's insistence (threat of veto), indefinite detention of US citizens. Now, there is a Democratic plan afoot to repeal the inclusion, thereby acknowledging that no president, even a cool one, or branch of government is above the US Constitution dictate, protecting due process and the right to speedy trial.

The White House will try to keep this low-key through the election - but many Democrats should worry about looking un-American in their home states, while supporting the President's ill-advised and un-constitutional power grab.

Wednesday, March 07, 2012

The coach, and school district authorities of Alamo Heights, in Texas, apologized to Edison HS of the San Antonio Independent School District for chanting "U-S-A" repeatedly after a basketball victory, implying that the losing school affiliates were not citizens. Sounds like this is not an isolated case, but rather a recurring display of bigotry and insensitivity sometimes witnessed in that part of the country. Kudos to the Alamo Heights coach for putting his foot down.

Who says racism doesn't bring out the creativity in some folks, and responsible behavior in others?

Finally, someone is getting around to asking the reasonable question, even if black voting support for Obama is already locked up for Decision 2012.

If you ask the Congressional Black Caucas for their honest answer to Obama's impact on the status of blacks, they would say little or none. (here) Congresswoman Waters makes it clear that perception is blocking reality when it comes to black voters and the president.

The short answer to the question goes like this...Republicans don't want black votes, Obama has done little for blacks, but he is still the only hope the group sees, so hope wins.

Conventional wisdom would say that Obama is very good for 'immigrant-minded' blacks, as he demonstrates what one black man can do for himself, and family, if he puts his mind to the task and utilizes all of the available resources here in America.

Monday, March 05, 2012

It is hard to imagine Don Imus, Mr. Them Sure Are Some Nappy-headed Ho's, giving Rush Fluke's a slut Limbaugh advice, but this is exactly what transpired earlier today. Imus told Limbaugh to load his fat butt onto his Gulf Stream private jet, and fly to wherever and apologize like a man, to Ms. Fluke. Rush countered by pouring a little more gasoline on himself and once again lighting up. (here) The best part is George Will calling the Republicans, especially Romney, cowards for not checking Limbaugh(here). John Boehner said Limbaugh's name calling was inappropriate. Wow, that's tough talk from the Republican leader!

A friend sent this to me yesterday. It is pretty cool and amazing. It reinforces that technology is a train leaving the station at regular intervals, and you must be aboard or find yourself obsolete and marginalized. And it all begins with constant curiosity about the things around you.

Thursday, March 01, 2012

I'm sure readers will recall my recent rail (here) against the president for tearing down the Constitution, via the National Defense Authorization Act (NDAA), on Christmas Eve of 2011. Obama insisted that the NDAA give his office the power to indefinitely detain US citizens for alleged acts deemed terrorist and occurring on US soil - in direct violation of the first, fifth, and sixth constitutional amendments. (here)

As of February 28, 2012, the White House now says, "Section 1022 does not apply to US citizens, and the President has decided to waive its application to lawful permanent residents arrested in the U.S." Problem here is that this waiving and promising applies, not to indefinite detainment law, but rather WHO is doing the the detaining - the military or civilian authorities. Frankly, that ain't the part that should worry us.

So, why go through this bit of seemingly meaningful-less political slight-of-hand? Obama is simply attempting to camouflaged the election bulls-eye, in the NDAA, that he placed on his own backside, uncertain whether Romney is competent to understand and challenge him on it (probably not). Also, the Executive Branch fears the military as much as it also needs them to stand ready in times of unrest, so this posturing is inevitable.

Of course, NDAA as law is still on books and ready for enforcement in full-weight, whenever the President, whoever he/she may be, sees fit. So, thanks but no thanks! Bad law, get rid of it, except if you think the country is headed for anarchy, then maybe it's okay...recall that Europe is still teetering on the financial brink, world debt crisis still looms, China bubble could burst, Afghanistan is killing us, Syria, etc.

If the Occupy Movement et al ever catches any real steam, look for 'rumors' of terrorist-group funding to pop-up, because this is all that is needed to start locking protesters up - indefinitely. And in this case, the White House will be doing some waiving for sure - bye-bye to the First Amendment trouble-makers.

It's tough walking the hero-traitor tightrope, in these challenging times.

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